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MADISON……The State Assembly acted recently to end a pre-Civil War law that some prisoners have used to file frivolous criminal complaints against prison guards. According to State Representative Terry Musser (R-Melrose), the excessive lawsuits and criminal complaints clog up already overburdened court calendars and cost taxpayers thousands of dollars.
Musser voted for Assembly Bill 695 when it passed the Assembly on a vote of 84-13. He explained that some prisoners are manipulating the system with these legal maneuvers and putting corrections officers at further risk. Under
Wisconsin’s current “John Doe” law, an individual who believes a crime has been committed can begin a John Doe proceeding by filing a complaint with a judge directly, bypassing the regular complaint procedure. Under current law, the judge must investigate, and even if there is no basis for the complaint, the officer may have to spend time and money to answer the criminal complaint.
There has been a constant rise in frivolous cases brought by prisoners against guards who are only doing their job. There were 26 complaints in 2004, rising to 132 in 2007. None of the inmate John Doe complaints has resulted in a conviction.
Assembly Bill 695 would prevent certain prisoners from filing John Doe complaints directly to a judge. Complaints could still be filed through the district attorney, local law enforcement, or the WI Department of Corrections or Department of Health and Family Services.
Musser said, “If there’s a legitimate complaint, there has to be a system for justice. If it’s frivolous, taxpayers should not be paying for it.”
The Assembly passed the bill and has sent it to the State Senate for action.
Representative Musser welcomes your views on this or any state issue and may be contacted at State Capitol - Room 11 West, Madison WI 53702, 1-888-534-0092 or
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